SB 595, As Passed Senate

SB-0595, As Passed Senate, September 4, 2007

SUBSTITUTE FOR

SENATE BILL NO. 595

A bill to amend 2000 PA 92, entitled

"Food law of 2000,"

by amending sections 4111, 4113, 4116, 4117, 4125, 5101, 5105,

5107, 6101, 6115, 6129, 6137, 6147, 6149, 7105, 7113, 7115, 7119,

7125, 7137, 8105, and 8107 (MCL 289.4111, 289.4113, 289.4116,

289.4117, 289.4125, 289.5101, 289.5105, 289.5107, 289.6101,

289.6115, 289.6129, 289.6137, 289.6147, 289.6149, 289.7105,

289.7113, 289.7115, 289.7119, 289.7125, 289.7137, 289.8105, and

289.8107), sections 4111, 4117, 6101, and 6149 as amended by 2002

PA 487 and section 4116 as added by 2004 PA 267, and by adding

sections 6140, 6150, and 7106.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 4111. (1) The department shall impose the following

license fees for each year or portion of a year:

(a) Retail food establishment: $67.00.

(b) Extended retail food establishment: $172.00.

(d) Limited wholesale food processor: $67.00.

(e) Mobile food establishment: $172.00.

(f) Temporary food establishment: $25.00.

(g) Special transitory food unit: ~~$117.00~~ $135.00.

(h) Mobile food establishment commissary: $172.00.

(i) Food warehouse: $67.00.

(j) Food service establishment: the amounts described in

subsection (2).

(2) If a local health department no longer conducts a food

service sanitation program, the department, in consultation with

the commission of agriculture, shall set the food sanitation fees

to be imposed for the department's services performed under

subsection (1)(j). The fees imposed shall equal, as nearly as

possible, 1/2 of the department's cost of providing the service.

The conduct of the services resulting from a cessation of a food

service sanitation program is considered an imminent or substantial

hazard that allows the department to impose the service fees for up

to 12 months after the date of cessation by the local health

department. After the 12-month period, the department shall collect

the fees only in the amount provided by amendment of this act or as

authorized pursuant to appropriation.

(3) Any license fee paid on an initial application is

nonrefundable.

(4) The department may charge a convenience fee and collect

from the applicant any additional costs associated with the method

of fee payment for the license or permit fees described in this

chapter, not to exceed the costs to the department.

Sec. 4113. (1) The department shall impose, for a renewal

application postmarked or delivered in person beginning May 1 of

each year, a late fee of an additional $10.00 for each business day

the application is late. The late fee for a new application

submitted after the establishment has opened for business is an

additional $10.00 for each business day the application is late.

The total late fee shall not exceed $100.00.

(2) The department shall not issue or renew a license until

the fee and any late fee, reinspection fees, and fines have been

paid. A hearing is not required regarding the department's refusal

to issue or renew a license under this section except as allowed

under the administrative procedures act of 1969, 1969 PA 306, MCL

24.201 to 24.328.

(3) The department may waive the late fee for producers of

maple syrup, honey, and other seasonal agricultural products if the

license application is submitted not less than 30 days before the

applicant engages in processing, packing, freezing, storing,

selling, or offering for sale the food or drink described in this

subsection.

(4) The late fee shall be retained by any certified health

department or, in an area where there is no certified health

department, by the department.

(5) The department shall use the late fee for the

administration and enforcement of this act.

Sec. 4116. (1) Beginning the effective date of the amendatory

act that added this subsection and notwithstanding any other

provision of this act, the department shall issue an initial

license not later than 90 days after the applicant files a

completed application and shall issue a renewal license not later

than 120 days after the applicant files a completed application.

Receipt of the application is considered the date the application

is received by any agency or department of the state of Michigan.

If the application is considered incomplete by the department, the

department shall notify the applicant in writing, or make the

information electronically available, within 30 days after receipt

of the incomplete application, describing the deficiency and

requesting the additional information. The period regarding license

issuance and renewal is tolled upon notification by the department

of a deficiency until the date the requested information is

received by the department. The determination of the completeness

of an application does not operate as an approval of the

application for the license and does not confer eligibility upon an

applicant determined otherwise ineligible for issuance of a

license.

(2) If the department fails to issue or deny a license within

the time required by this section to an establishment that is

otherwise ready to operate and is prevented from operating, the

department shall return the license fee and shall reduce the

license fee for the applicant's next renewal application, if any,

by 15%. The failure to issue a license within the time required

under this section does not allow the department to otherwise delay

the processing of the application, and that application, upon

completion, shall be placed in sequence with other completed

applications received at that same time. The department shall not

discriminate against an applicant in the processing of the

application based upon the fact that the license fee was refunded

or discounted under this subsection.

(3) Beginning October 1, 2005, the director of the department

shall submit a report by December 1 of each year to the standing

committees and appropriations subcommittees of the senate and house

of representatives concerned with agricultural and food issues. The

director shall include all of the following information in the

report concerning the preceding fiscal year:

(a) The number of initial and renewal applications the

department received and completed within the appropriate time

period described in subsection (1).

(b) The number of applications denied.

appropriate time period and the amount of money returned to

licensees and registrants under subsection (2).

(4) As used in this section, "completed application" means an

application complete on its face and submitted with any applicable

licensing fees as well as any other information, records, approval,

security, or similar item required by law or rule from a local unit

of government, a federal agency, or a private entity but not from

another department or agency of the state of Michigan. In the case

of an initial application, completed application includes the

completion of construction or renovation of any facility and the

passing of a satisfactory ~~inspection~~ evaluation.

Sec. 4117. (1) Except as provided in subsections (2) and (3),

money collected under this chapter by the department shall be

credited to the ~~general fund of the state~~ dairy and food safety

fund that is created as a restricted fund within the state

treasury. The state treasurer may receive money or other assets,

from appropriations or from any other source, for deposit into the

fund. The state treasurer shall direct the investment of the fund.

The money in the fund shall not lapse to the general fund at the

end of the fiscal year and shall carry over to the following fiscal

years. The state treasurer shall credit to the fund interest and

earnings from fund investments. The department shall administer the

fund and shall expend money from the fund for the purpose of

administering this act and enforcing the provisions of this act,

the grade A milk law of 2001, 2001 PA 266, MCL 288.471 to 288.540,

and the manufacturing milk law of 2001, 2001 PA 267, MCL 288.561 to

288.740. The department shall be the administrator of the fund for

auditing purposes.

(2) A consumer food safety education fund is created as a

revolving fund in the department of treasury. The consumer food

safety education fund shall be administered by the department and

funded by adding $3.00 to the fee for each food establishment

license in all categories except vending machines and in cases of

fee-exempt food establishments. The money in the fund shall be used

to provide statewide training and education to consumers on food

safety. An advisory committee consisting of at least 9 people

representing consumers, industry, government, and academia shall

advise the department on the use of the funds. Money remaining in

the fund at the end of the fiscal year shall be carried forward

into the next fiscal year.

(3) An industry food-safety education fund is created as a

revolving fund in the department of treasury. The industry food-

safety education fund shall be administered by the department and

funded by adding $2.00 to the fee for each food service

establishment license in all categories except vending machines and

in cases of fee-exempt food establishments. The money in the fund

shall be used to provide food safety training and education to food

service establishment employees and agents of the director who

enforce this act. The advisory committee created in subsection (2)

shall advise the department on the use of the funds. Money

remaining in the fund at the end of the fiscal year shall be

carried forward into the next fiscal year.

(4) As used in this section, "fee-exempt food establishment"

means a food establishment exempt from all state and local food

establishment license fees under ~~either of the following~~

~~circumstances:~~

~~(a) The education institution exemption under section 3119(4).~~

~~(b) A nonprofit organization that has an exemption under~~

section ~~3119(5)~~ 3119(4) combined with an exemption from the local

health department sanitation service fee under section 2444 of the

public health code, MCL 333.2444.

Sec. 4125. (1) Before a food establishment license is issued,

the director shall determine if the applicant meets the minimum

requirements of this act and rules promulgated under this act.

(2) After an opportunity for a hearing pursuant to the

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

24.328, the director may revoke or suspend a food establishment

license or a registration for bottled water issued under this act

for failure to comply with requirements of this act or a rule

promulgated under this act. A person whose registration for bottled

water is revoked or suspended shall discontinue the sale and

offering for sale of the bottled water until he or she complies

with this act and the director issues a new registration or removes

the suspension.

(3) For a person whose food establishment license has been

revoked for egregious violations under section 5101(a), (b), (c),

or (k), the director may refuse to issue or reissue a license to

any establishment in which that person has ownership or management

interest for a period of 2 years.

(4) ~~(3)~~ Based upon facts submitted by a person familiar with

those facts or upon information and belief alleging that an

imminent threat to the public health, safety, or welfare exists,

the director may summarily suspend a license or registration issued

under this act. A person whose license or registration has been

summarily suspended under this section may petition the director to

dissolve the order. Upon receipt of such a petition, the director

shall immediately schedule a hearing to decide whether to grant or

deny the petition to dissolve. The presiding officer shall grant

the requested relief dissolving the summary suspension order unless

sufficient evidence is presented that an imminent threat to the

public health, safety, or welfare exists requiring emergency action

and continuation of the director's summary suspension order.

Sec. 5101. (1) A person shall not do or cause to be done any

of the following:

(a) Manufacture, sell, deliver, hold, or offer for sale

adulterated or misbranded food.

(b) Adulterate or misbrand food.

and deliver or proffer the delivery of that food for pay or

otherwise.

(d) Sell, deliver for sale, hold for sale, or offer for sale

food unless that person holds a license issued under chapter IV.

(e) Disseminate a false advertisement.

(f) Refuse to permit entry or ~~inspection~~ evaluation, or to

permit the taking of a sample, as authorized by section 2111.

(g) Give a false guaranty or undertaking, except by a person

who relied on a guaranty or undertaking to the same effect signed

by and containing the name and address of the person from whom he

or she received the food in good faith.

(h) Remove or dispose of seized or embargoed food in violation

of section 2105.

(i) Alter, mutilate, destroy, obliterate, or remove all or

part of the label or do any other act with respect to a food while

the food is held for sale resulting in the food being adulterated

or misbranded.

(j) Forge, counterfeit, simulate, or falsely represent, or

without proper authority use any mark, stamp, tag, label, or other

identification device authorized or required by this act or rules

promulgated under this act.

(k) Permit filthy or insanitary conditions to exist in a food

establishment in which food intended for human consumption is

manufactured, received, kept, stored, served, sold, or offered for

sale.

(l) Falsely identify a country, state, or other place of origin

of food on a label, tag, or other document with intent to deceive

or defraud.

(m) Fail to establish or maintain any record or make any

report required under this act or the federal act, or refuse to

permit access to or verification or copying of any such required

record.

(n) Interfere with the director in the conduct of his or her

responsibilities under this act.

(o) Make a false statement, representation, or certification

in any application, report, plan, or other document that is

required to be maintained under this act or rules promulgated under

this act.

(p) Remove a tag, seal, or mark placed by the director.

(q) Operate without a license, registration, permit, or

endorsement.

(r) Violate a provision of this act or a rule promulgated

under this act.

(2) Each day a violation of this section occurs is a separate

violation of this section.

Sec. 5105. (1) Upon finding that a person violated a provision

of this act or rule promulgated under this act, the department may

impose an administrative fine of not more than $500.00 for the

first offense and not more than $1,000.00 for a second or

subsequent offense and the actual costs of the investigation of the

violation. Each day of any continuing violation is not considered a

separate violation of this act or rule promulgated under this act.

Under no circumstances shall the department impose upon any

licensee or registrant administrative fines in the aggregate amount

of more than $4,000.00 per location for a firm with annual gross

receipts of $500,000.00 or less and $8,000.00 per location for a

firm with annual gross receipts of over $500,000.00 during any 12-

month period.

(2) Any administrative fines and costs collected under this

section shall be ~~paid to the state treasury and credited to the~~

~~general~~ deposited into the dairy and food safety fund.

(3) This section does not require the department to issue an

administrative fine for minor violations of this act whenever the

department believes that the public interest will be adequately

served under the circumstances by a suitable written notice or

warning.

(4) The conditions warranting administrative fines to achieve

compliance with the provisions of the food code are limited to

critical or repeated violations that remain uncorrected beyond the

time frame for correction approved, directed, or ordered by the

director under food code section 8-405.11(A) and (B) and section 8-

406.11(A) and (B). The department shall not impose an

administrative fine for a noncritical violation of the food code

unless at least 30 calendar days have been allowed for correction

after the ~~inspection~~ evaluation.

Sec. 5107. (1) Except as otherwise provided under this act, a

person who violates any provision of this act or rules promulgated

under this act is guilty of a misdemeanor and shall be punished by

a fine of not less than $250.00 or more than $2,500.00 or by

imprisonment for not more than 90 days, or both.

(2) Notwithstanding the other provisions of this act, a person

who knowingly violates section 5101(1)(b) or (l) is guilty of a

felony punishable by imprisonment for not more than 4 years or by a

fine of not more than $10,000.00 plus twice the amount of any

economic benefit associated with the violation, or both.

(3) If a violation results in a conviction under this act, the

court shall assess against the defendant the costs of the

department's investigation. The assessment for costs of

investigation shall be ~~paid to the state treasury and credited to~~

~~the department~~ deposited into the dairy and food safety fund for

the enforcement of this act.

Sec. 6101. (1) Chapters 1 through 8 of the food code are

incorporated by reference except as amended and modified as

follows:

~~(a) Section 3-401.11(B) is modified so that the oven~~

~~temperature for high humidity oven temperature reads "54°C (130°F)~~

~~or higher".~~

(a) ~~(b)~~ Where provisions of this act and rules promulgated

under this act specify different requirements.

(b) ~~(c)~~ Section ~~3-201.11(D)~~ 3-501.16(A)(2) is modified so that

"subparagraph ~~3-401.11(C)(1)" reads "subparagraph 3-401.11(D)(1)"~~

3-501.16(A)(2)(b)" is stricken.

~~(d) Section 6-101.11 is modified to add after subparagraph~~

~~(A)(3): "(B) In a temporary food establishment:".~~

(2) The director, by promulgation of a rule, may adopt any

changes or updates to the food code.

(3) The annexes of the food code are considered persuasive

authority for interpretation of the food code.

Sec. 6115. (1) After completion of the construction,

alteration, conversion, or remodeling and before the opening of a

food service establishment, the license applicant or license holder

shall notify the director of the completion, shall submit an

application for a license to operate the food service

establishment, and shall arrange for a preopening ~~inspection~~

evaluation.

(2) During the preopening ~~inspection~~ evaluation, the director

shall determine whether the food establishment was constructed,

altered, converted, or remodeled in accordance with the approved

plans and specifications.

(3) Local health departments may specify when requests for

preopening inspections are to be submitted.

Sec. 6129. (1) The director shall consider the risk-based

evaluation methodology as described in food code annex 5, section 4

A-H for conducting evaluations of food establishments.

(2) ~~(1)~~ The completed ~~inspection~~ evaluation report shall

specify a period of time for correction of noted violations. The

license holder shall correct the violations within the time

specified in the report.

(3) ~~(2)~~ All violations which are marked as critical on the

inspection report form shall be corrected immediately unless

otherwise specified. The director shall ~~conduct a follow-up~~

~~inspection to~~ confirm corrections within 30 days after the report

is issued.

Sec. 6137. (1) To qualify for a special transitory food unit

license, an applicant shall allow a review and receive approval of

plans and specifications as specified in chapter VI. This review

and approval must include the menu and standard operating

procedures for the unit.

(2) A special transitory food unit license holder shall do all

of the following:

(a) Keep a copy of the approved standard operating procedures

in the unit and available for review upon ~~inspection~~ evaluation by

the director.

(b) Operate in compliance with standard operation procedures

approved by the director.

health department, notify the local health department in writing of

each location in the jurisdiction at which food will be served and

the dates and hours of service. The license holder shall mail the

notice by first-class mail or deliver the notice not less than 4

business days before any food is served or prepared for serving

within the jurisdiction of the local health department.

(d) While in operation, request and receive 2 ~~inspections~~

evaluations per licensing year spaced generally over the span of

the operating season. A local health department and the department

shall charge a fee of $90.00 for such an ~~inspection~~ evaluation.

(e) Send a copy of all ~~inspections~~ evaluation reports to the

regulatory authority that approved the license within 30 days after

receipt.

(3) If a license holder fails to comply with any of the

requirements of this section or the food code, the food

establishment is ineligible for licensure as a special transitory

temporary food establishment for the following licensing year and

must apply for temporary or other type of food establishment

licenses.

Sec. 6140. (1) Only pasteurized ingredients from a department-

approved source shall be used for milk and milk products

manufactured, sold, served, or prepared at a retail food

establishment. Such ingredients include, but are not limited to,

milk, milk solids, whey, nonfat dry milk, condensed milk, cream,

skim milk, eggs, and egg products.

(2) Ingredients that may be subsequently added to milk or milk

products are those flavorings or other ingredients that have been

found to be safe and suitable and added in a manner to prevent

contamination, including, but not limited to, the following:

(a) Ingredients permitted by a standard of identity for milk

or milk products under the federal act or regulations.

(b) Fresh fruits and vegetables added to cultured milk and

cultured milk products provided the resultant equilibrium pH level

(4.6 or below when measured at 24 degrees Celsius (75 degrees

Fahrenheit)) of the finished product is reached without undue delay

and is maintained during the shelf life of the product.

destroy pathogenic microorganisms such as roasted nuts or dried

fruits.

(d) Ingredients having a water activity (A_w) value of 0.85 or

less.

(e) Ingredients having a high acid content (pH level of 4.6 or

below when measured at 24 degrees Celsius (75 degrees Fahrenheit))

or high alkalinity (pH level greater than 11 when measured at 24

degrees Celsius (75 degrees Fahrenheit)).

(f) Dry sugars and salts.

(g) Flavor extracts having a high alcohol content.

(h) Safe and suitable bacterial cultures and enzymes.

(i) Other ingredients that have been found to be safe and

suitable by the U.S. food and drug administration.

(3) Retail food establishments that manufacture and wholesale

milk and milk products must additionally be licensed pursuant to

and meet requirements of the manufacturing milk law, 2001 PA 267,

MCL 288.561 to 288.740, or the grade A milk law, 2001 PA 266, MCL

288.471 to 288.540.

Sec. 6147. If a food ~~service~~ establishment is affected by

fire, flooding, accidents, explosions, or other disaster that may

create an imminent or substantial hazard and unless otherwise

directed, all food ~~service~~ operations shall cease ~~. The~~ and the

licensee shall immediately report to the director the disaster to

~~the local health department and request an evaluation of the food~~

~~service establishment to determine~~ and the effect of the disaster

on the operation of the establishment. The department may recognize

emergency plans that, if being followed, serve as a means to use

temporary alternative procedures for continuity of operation.

Sec. 6149. (1) As used in this section:

~~(a) "Disclosure" means a written identification as to which~~

~~items are, or can be, ordered raw or undercooked in their entirety,~~

~~or items that contain an ingredient that is raw or undercooked.~~

(a) ~~(b)~~ "Publicly available" means accessible to consumers,

without their having to request it, before their placing ~~their~~ food

orders or making their selections.

~~(c) "Reminder" means a written notice concerning the~~

~~significant health risk of consuming raw or undercooked animal~~

~~foods.~~

(b) ~~(d)~~ "Selection information" means whatever consumers read

to make their order selections, such as menu, table tent, placard,

chalkboard, or other written means.

(2) To satisfy section 3-603.11 of the food code, the food

establishment ~~must meet the prescriptions of this section~~ may

provide the following statement on selection information so that it

is publicly available: "Ask your server about menu items that are

cooked to order or served raw. Consuming raw or undercooked meats,

poultry, seafood, shellfish, or eggs may increase your risk of

foodborne illness.".

~~(3) The food establishment shall make a disclosure in the~~

~~selection information that an item contains raw or undercooked food~~

~~of animal origin by either or both of the following methods:~~

~~(a) Items are described to include the disclosure, such as~~

~~"oysters on the half shell (raw oysters)", "raw-egg caesar salad",~~

~~"eggs (may be requested undercooked)", and "hamburgers (can be~~

~~cooked to order)". The disclosure is not limited to those items and~~

~~descriptions in this subdivision but includes items and~~

~~descriptions of a similar nature.~~

~~(b) Items are asterisked with a footnote that states the items~~

~~are served raw or undercooked, contain, or may contain raw or~~

~~undercooked ingredients.~~

~~(4) A reminder of the significantly increased risk associated~~

~~with eating foods subject to the disclosure in raw or undercooked~~

~~form is satisfied by 1 of the following methods:~~

~~(a) Items requiring disclosure are asterisked on the selection~~

~~information to a footnote that states 1 of the following~~

~~disclosures:~~

(i~~) "Regarding the safety of these items, written information~~

~~is available on request.".~~

(ii~~) "Consuming raw or undercooked meats, poultry, seafood,~~

~~shellfish, or eggs may increase your risk of foodborne illness.".~~

(~~iii~~~~) "Consuming raw or undercooked meats, poultry, seafood,~~

~~shellfish, or eggs may increase your risk of foodborne illness,~~

~~especially if you have certain medical conditions.".~~

~~(b) Either of the reminders listed under subdivision (a)(~~ii~~) or~~

(~~iii~~~~) is used and appears at least once in the selection information~~

~~on the first interior page or the page where the first item~~

~~requiring disclosure appears. When the option described in this~~

~~subdivision is used, the word "NOTICE" shall appear before the~~

~~reminder statement.~~

~~(c) A publicly available placard supplies the reminder of the~~

~~significantly increased risk and meets the following requirements:~~

(i~~) It is titled "NOTICE" and contains 1 of the reminders~~

~~listed in subdivision (a)(~~ii~~) or (~~~~iii~~).

(ii~~) It is posted near the customer entrances of the~~

~~establishment and is clearly visible to the customers.~~

(~~iii~~~~) All letters in the title are capitalized in bold, arial~~

~~font not less than 44-point font size and, if menu items are on the~~

~~placard, then all letters are equally readable as the menu items on~~

~~the placard.~~

(iv~~) All letters in the reminder are arial font not less than~~

~~36-point font size.~~

(v~~) The reminder is placed at approximately eye level and is~~

~~easily readable from the point at which consumers would normally~~

~~stand to read it.~~

(vi~~) The reminder maintains visibility in layout, format, and~~

~~graphics in contrast to other posted materials.~~

~~(d) The United States food and drug administration model~~

~~consumer advisory brochure or equivalent as determined by the~~

~~director is publicly available.~~

(3) ~~(5)~~ A ~~reminder~~ statement used under subsection (2) may be

tailored to be product specific if a food establishment either has

a limited menu or offers only specific animal-derived foods in raw

or undercooked, ready-to-eat form.

(4) ~~(6)~~ The language for the menu items shall match the

language used for the disclosure and the reminder. The disclosure

and reminder may also be in additional languages.

(5) ~~(7)~~ The text for disclosures and reminders shall meet the

following requirements:

(a) The text size for statements on handheld menus or table

tents shall be visually equivalent to at least 11-point font size

or may be visually equivalent to the font size of menu item

descriptions.

(b) Text color provides a clear contrast to background.

(6) ~~(8)~~ Table tents, placards, or chalkboards that are used

exclusively to list food items that are offered as daily, weekly,

or temporary specials are exempt from the requirements of this

section when those food items also appear in the primary selection

information that contains the disclosures and reminders meeting the

requirements of this section.

Sec. 6150. (1) As used in this section:

(a) "Artificial trans fat" means an unsaturated fat or fatty

acid that is produced by the partial hydrogenation of plant oils

and that contains 1 or more instances of atoms bonded in a trans

configuration.

(b) "Publicly available" means accessible to consumers,

without their having to request it, before placing their food

orders or making their selections.

make their order selections, such as a menu, table tent, placard,

chalkboard, or other written means.

(2) A food service establishment may, but is not required to,

provide on the selection information, so that it is publicly

available, a statement regarding the presence or lack of artificial

trans fat in any food served by the food service establishment.

(3) A statement described in subsection (2) may be tailored to

be product-specific if a food service establishment has a limited

menu.

(4) The text for a statement described in subsection (2) may

be in more than 1 language and may meet the requirements of section

6149.

Sec. 7105. All processors of seafood shall comply with

regulations of the U.S. food and drug administration in 21 CFR part

123. The requirement that a processor of smoked fish ~~obtain a~~

~~variance under~~ comply with the smoked fish rules is waived if the

processor demonstrates compliance with ~~21 C.F.R. part 123, the~~

~~"seafood HACCP plan"~~ the federal regulation described in this

section.

Sec. 7106. (1) All processors of juice shall comply with the

regulations of the U.S. food and drug administration in 21 CFR part

120.

(2) An establishment that presses apple cider shall have at

least 1 active employee currently certified under a program

described in section 2129 or having completed a current course

recognized by the department as pertinent to safe cider production.

Sec. 7113. As used in this chapter:

(a) "Added fat" means the addition of fat tissue originating

from portions consisting of less than 12% muscle tissue in each

portion.

(b) "Added water" ~~or ice"~~ means greater moisture content than

normally found in meat and, except for poultry, is determined by

total moisture minus 4 times the percentage of protein. Added water

may be in the form of water or ice.

pigment which was manufactured by a process of synthesis or other

similar artifice or by extraction of a natural dye or pigment from

a plant or other material from which the dye or pigment was formed.

(d) "Artificial flavoring" means any flavoring containing any

sapid or aromatic constituent manufactured by synthesis or similar

process.

(e) "Binders" means food and nonfood substances used as an

ingredient in comminuted meats for binding, stabilizing,

thickening, or maintaining viscosity of the product.

(f) "By-products or variety meats" means hearts, livers,

brains, tongues, tripe, stomach, lungs, melts, eyes, weasand meats,

head meat, cheek meat, salivary glands, udder, lips, ears, snouts,

skin, feet, spleens, slaughterhouse by-products, spinal cords,

cracklings or crackling meal, packinghouse by-products, processing

plant by-products, partially defatted fatty tissues, and partially

defatted chopped meat.

(g) "Comminuted" means chopped, diced, flaked, ground, or

otherwise reduced to minute particles.

(h) "Extenders" means food substances used as an ingredient in

comminuted meats primarily for replacement of meat ingredients.

(i) "Fat" means the quantity of adipose tissue determined by

chemical analysis.

(j) "Fresh meat" means meat that has undergone no cooking,

heating, or other processing except boning, cutting, comminuting,

or freezing.

(k) "Lamb" means meat derived from sheep less than 1 year of

age.

(l) "Meat" means the edible part of clean, sound striated

muscle of cattle, swine, sheep, deer and other cervids, goat,

turkey, duck, ratite, or chicken slaughtered in compliance with all

applicable laws, with or without the accompanying and overlying

fat, and sinew, nerve, gland, and blood vessels which normally

accompany the muscle tissues and which are not separated from it in

the process of dressing. Meat does not include specified risk

materials.

(m) "Skeletal meat" means the meat that is attached to a part

of the skeleton including head and cheek meat.

(n) "Specified risk materials" means items associated with the

nervous system of beef cattle that are prohibited from human food

as defined in 9 CFR 310.22.

(o) ~~(n)~~ "Veal" means meat derived from a calf not more than 1

year of age.

Sec. 7115. Sausage consists only of skeletal meat either

fresh, cured, salted, pickled, or smoked. Poultry sausage may

contain accompanying skin in natural proportions. Sausage may

contain the following:

(a) Salt or spice, cure agents such as sodium or potassium

nitrate , or sodium or potassium nitrite, cure accelerators such as

sodium erythorbate or ascorbic acid, all that comply with

applicable regulations of the United States department of

agriculture food safety inspection service or any other curing

agents determined appropriate by the department or pursuant to

rules promulgated under this act. As used in this subdivision,

"curing agent" or "curing accelerator" means any substance added to

meat to cause or enhance preservation of the meat product.

(b) Added edible animal fat from the animals specified, eggs

or egg products, chives, tomatoes, parsley, peppers, onions,

garlic, celery, seasoning, or other natural flavoring, honey,

syrup, sugar, pure refined dextrose, or subsequent cooking or

smoking.

milk, or calcium-reduced milk if it is declared in conjunction with

the product name.

(d) Fruits, vegetables, or nuts, or a combination thereof, if

the name of the product is so qualified.

(e) ~~The total percentage of moisture in the finished product~~

~~shall not exceed 4 times the percentage of protein, which shall not~~

be Not less than 12% protein. The protein content requirement shall

not apply to pork sausage, breakfast sausage, or roasted sausage

but the finished product shall contain not more than 50% of fat. To

Fresh sausage shall contain no added water, except to facilitate

chopping or mixing ~~, water or ice may be used in uncooked sausage~~

and in an amount not to exceed 3% of the total ingredients. Cooked

sausage shall not exceed 40% fat and added water.

(f) Fresh and fresh frozen sausage, smoked and unsmoked dry

sausage, may contain antioxidants such as butylated hydroxyanisole,

butylated hydroxytoluene or propyl gallate, or a combination of

these antioxidants, with or without citric acid, in amounts ~~not to~~

~~exceed specifications established under 9 C.F.R. 318.7 and 9 C.F.R.~~

~~part 319~~ that comply with applicable regulations of the United

States department of agriculture food safety inspection service.

When such antioxidants are added, the label on the product shall

declare the presence of antioxidants in the manner required by the

United States department of agriculture ~~meat~~ food safety inspection

service.

(g) Sausage shall not contain any extenders, artificial

flavors, artificial color, binders, excess added water or ice,

boric acid or borates, sulphites, sulfur dioxide, sulphurous acid,

or any other harmful preservative, by-products, or variety meats.

Extenders necessary to produce low-fat products may be permitted as

described in rules promulgated under this act. No other parts of

the animal or any other substance excepting as above specified

shall be permitted in sausage.

(h) Harmless lactic acid bacterial starters may be used in an

amount not to exceed 1/2 of 1%. When used, the harmless bacterial

starter shall be included in the list of ingredients in the order

of its predominance.

(i) The following products are considered to be sausage,

whether processed or inserted in either natural or artificial

casings or other containers: wieners, bologna, ring bologna,

knackwurst, bratwurst, roasted sausage, breakfast sausage, pork

sausage, chicken sausage, turkey sausage, leona, beer salami,

cooked salami, Polish sausage, minced luncheon, kielbasa,

bockwurst, all varieties of dry or semi-dry sausage, and other meat

food products prepared in sausage form and excluding loaves, liver

products, headcheese, sulze, blood sausage, potato sausage, kishka,

tongue sausage, and New York or New England pressed luncheon.

(j) "Fresh pork sausage", "Polish sausage", "fresh kielbasa",

and "fresh country-style sausage" are sausages prepared from fresh

pork meat.

(k) "Italian-style sausage" shall be uncured, unsmoked, and

contain at least 85% meat or meat and fat with no more than 35%

fat. It Italian sausage contains fennel or anise and may contain

red and green pepper, onion, and garlic. Italian sausage shall be

prepared from fresh pork meat.

(l) "Fresh beef sausage" is prepared with fresh beef meat and

shall not contain more than 30% fat.

(m) "~~Poultry-meat~~ Poultry sausage or poultry-meat sausage"

shall be made from fresh ~~chicken and turkey~~ poultry meat containing

the natural proportions of light and dark meat unless otherwise

designated. The name shall be identified by the species contained

if the product contains all its meat from 1 species. It shall not

contain more than 30% fat. Poultry-meat sausage shall not contain

skin.

(n) ~~"Venison~~ "Cervid sausage" shall be made from the meat of

~~deer~~ cervidae from approved sources. The name shall be identified

by the species contained if the product contains all its meat from

1 species, such as "venison sausage" or "elk sausage". A person

shall not offer for sale, sell, or expose for sale any other

product described as ~~venison~~ cervid sausage. Fat of another species

and approved source may be added to ~~venison~~ cervid sausage.

(o) Sausage containing wild game and made on commercial order

shall be labeled "not for sale". Wild game from more than 1 owner

shall not be mixed into sausage unless a licensed processor

butchered all the wild game. Processors shall reject any carcass

that shows evidence of spoilage or contamination. Wild game and

wild-game product and processing times shall be kept separate from

other meat and meat processing, including, but not limited to,

storage in separate or structurally-partitioned coolers. Food

contact surfaces shall be thoroughly washed and sanitized after the

processing of wild game and before the resumption of any other

processing.

Sec. 7119. Other comminuted meat food products, including

nonspecific loaves and liver products, headcheese, blood sausage,

kishka, tongue sausage, chili con carne with beans, or any other

meat food products that may be allowed, shall be produced in

compliance with applicable regulations of the United States

department of agriculture ~~meat~~ food safety inspection service.

Sec. 7125. Ground lamb, chicken, turkey, and veal shall not

contain any added water or ice, artificial flavoring, by-products

or variety meats, binders, extenders, artificial color, vegetable

coloring, or chemical preservatives. No other parts of the animal

or any other substance shall be permitted except as follows:

(a) Ground lamb shall consist of comminuted fresh lamb meat,

with or without added lamb fat, and shall not contain more than 25%

fat.

(b) Ground ~~chicken~~ poultry shall consist of comminuted fresh

~~chicken~~ poultry meat, with or without accompanying skin in natural

proportions, with or without added ~~chicken~~ poultry fat, and shall

not contain more than ~~15%~~ 20% fat. The name shall be identified by

the species contained in the product.

fresh ~~turkey~~ poultry meat, with or without added ~~turkey~~ poultry

fat, and shall not contain more than 15% fat. The name shall be

identified by the species contained in the product.

(d) Ground veal shall consist of comminuted fresh veal meat,

with or without added veal fat, and shall not contain more than 20%

fat.

(e) Ground pork shall consist of comminuted fresh pork with or

without the addition of pork fat as such and shall not contain more

than 30% fat. Ground pork shall not contain extenders, binders,

variety meats, by-products, added water or ice, artificial flavor

or color, vegetable coloring, chemical preservative, boric acid or

borates, sulphites, sulfur dioxide, or sulphurous acid. No other

parts of the animal or any other substance is permitted in ground

pork.

Sec. 7137. Food may not contain unapproved food additives or

additives that exceed amounts specified in 21 ~~C.F.R.~~ CFR parts 170

to 180 relating to food additives, generally recognized as safe or

prior sanctioned substances that exceed amounts specified in 21

~~C.F.R.~~ CFR parts 181 to 186, substances that exceed amounts

~~specified in 9 C.F.R. 318.7~~ established under applicable

regulations of the United States department of agriculture food

safety inspection service, or pesticide residues that exceed

provisions specified in 40 ~~C.F.R.~~ CFR part 185.

Sec. 8105. (1) A person shall not do any of the following:

(a) Make, publish, disseminate, circulate, or place before the

public any advertisement containing any assertion, representation,

or statement which is untrue, deceptive, or misleading or falsely

represents the kind, classification, grade, or quality of meat.

(b) Use any term of quality without using or having for sale

the quality of meat advertised or offered for sale.

~~(c) Use the term "USDA" unless the official grade is also~~

~~designated.~~

the meat so advertised or displayed for sale is of a quality which

the use or designation of the brand name of such company would

reasonably indicate.

(2) A person shall not advertise or display for sale any of

the following:

(a) Any meat of the ovine species that is 2 years old or over

as "yearling" or "lamb". Such meat shall be clearly designated

"mutton".

(b) Any meat described by the use of ~~the~~ words ~~"prime",~~

~~"choice", or "good"~~ associated with grading terminology unless such

meat advertised for sale actually bears the "USDA" federal stamp

designating such grade or is of equal quality as the federal grade

would designate.

the ham is ~~skinned or regular~~ whole, bone-in, semi-boneless, or

boneless.

(d) Any ham portion described by the use of the words "one-

half" or "half ham" that has had a center slice removed.

(e) Any pork shoulder described as "ham".

(f) Any meat or meat product which has been branded or marked

as imitation by a manufacturer or processor unless the

advertisement or display clearly states that such meat or meat

product is an imitation.

(3) A person shall not substitute in any sale any inferior or

cheaper cut of meat without informing the purchaser that such

substitution is being made.

(4) A person shall not keep or display any canned meats or

canned meat products at a temperature exceeding 6° centigrade (41°

Fahrenheit) if the label of such meats or meat products specifies

that they shall be kept under refrigeration.

(5) Whenever it becomes necessary for the purposes of this act

to procure a sample or samples of meat or meat products, the person

in charge of the place where ~~inspection~~ evaluation is made must

permit the sample or samples to be obtained upon being tendered the

advertised or offered price of the item being procured.

Sec. 8107. (1) As used in this section:

(a) "Date" means the recommended last day of sale.

(b) "Perishable food" means any food in package form which the

manufacturer, packer, or retailer, in conjunction with the

department, determines as having a significant risk of spoilage,

loss of value, or loss of palatability within 90 days of the date

of packaging.

offered for sale.

(2) A retail food establishment shall not sell or offer for

sale a prepackaged perishable food unless there is clearly and

conspicuously stamped upon or attached to the package a date

identified by month and day except that bakery products with a

shelf life of 7 days or less may be dated with a day of the week or

an abbreviation.

(3) The date may be displayed with or without explanatory

terms. If explanatory terms are used, such terms shall be limited

to 1 of the following: "Sell by _____", "Sell before _____", "Last

date of sale _____", "Recommended last date of sale _____", or

"Recommended sale date _____". Other meaningful terms may be used

if specifically approved by the department.

(4) ~~This~~ Except for meat that has been removed from federally

inspected retail packages, this section does not prohibit the sale

of food after the date if the product is wholesome and sound and is

clearly identified as having passed the date.

(5) The retail or final seller is responsible for the proper

advertisement of perishable food sold after the date.

(6) A person who prepackages perishable food shall do all of

the following:

(a) Establish a meaningful date that takes into consideration

the food quality and characteristics of the food, its packaging,

and customary conditions encountered in commercial channels.

(b) Allow a reasonable period after the date for consumption

of the food without physical spoilage.

(7) A retailer who purchases prepackaged perishable food may,

upon written agreement with the person prepackaging such food,

determine, identify, and be responsible for the date placed on, or

attached to, each package of such food.

(8) The date shall not be altered. A person shall not rewrap

or repackage a perishable food, in its original form and texture,

with a date on the package different from the original.

(9) The date shall be calculated to allow a reasonable period

for the subsequent consumption of the food, but shall not allow for

a period which would result in a health nuisance as described in

section 2107.

(10) This section does not apply to fresh fruits and

vegetables, canned food, and frozen food ~~, nor~~ and does not apply

to milk and milk products dated in accordance with ~~section 1 of the~~

~~fluid milk act of 1965, 1965 PA 233, MCL 288.21~~ the grade A milk

law of 2001, 2001 PA 266, MCL 288.471 to 288.540.

(11) The requirements of this section do not apply to any of

the following:

(a) An individually packaged food item that is a component of

a larger food item if the larger food item is identified with a

date the same as or earlier than the date of that component.

(b) Perishable foods packaged under, and in compliance with,

federal laws and regulations, if providing information equal to or

greater than the information required by this section.

Enacting section 1. (1) Section 4111 of the food law of 2000,

2000 PA 92, MCL 289.4111, as amended by this amendatory act, takes

effect January 1, 2008.

(2) Sections 4113, 4116, 4117, 4125, 5101, 5105, 5107, 6101,

6115, 6129, 6137, 6147, 6149, 7105, 7113, 7115, 7119, 7125, 7137,

8105, and 8107 of the food law of 2000, 2000 PA 92, MCL 289.4113,

289.4116, 289.4117, 289.4125, 289.5101, 289.5105, 289.5107,

289.6101, 289.6115, 289.6129, 289.6137, 289.6147, 289.6149,

289.7105, 289.7113, 289.7115, 289.7119, 289.7125, 289.7137,

289.8105, and 289.8107, as amended by this amendatory act, and

sections 6140, 6150, and 7106 of the food law of 2000, 2000 PA 92,

as added by this amendatory act, take effect April 1, 2008.

Enacting section 2. This amendatory act does not take effect

unless House Bill No. 4956 of the 94th Legislature is enacted into

law.